Peram Bayapa Reddy, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2269 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                WRIT PETITION No.27149 of 2022

ORDER:

The petitioner had been awarded the contracts for

Construction of Pucca internal roads including drainage

system and culverts in Yadiki Mandal, Ananthapur District,

under various agreements. After execution of the said works,

a final bills for Rs.17,79,031/- had been prepared and

submitted to the concerned for payment. As the payment of

the said amount has not been made by the respondents, the

petitioner had approached this Court, by way of this writ

petition.

2. It is the contention of the petitioner that even

though the respondents admitted that the petitioner is

entitled for payment of the aforesaid sum of money, no

payment is being made. The petitioner contends that such

non-payment of money is clearly arbitrary and high-handed

requiring the interference of this Court.

3. This Court, in various orders, including the

judgment of a learned Single Judge of this Court dated

05.10.2021 in W.P.No.10038 of 2021 and batch had taken

the view that such non-payment of dues is arbitrary and that

such dues need to be cleared by the respondents at the

earliest.

4. The 5th respondent had filed counter affidavit

disputing the claim of the petitioner that sum of

Rs.17,43,533/- is due to the petitioner. The table set out in

counter affidavit of the 5th respondent states as sum of

Rs.15,97,000/- is due to the petitioner including 21% NREGS

share.

5. In that view of the matter, this Writ Petition is

disposed of with a direction to the respondents to clear the

dues of the petitioner to the extent of Rs.15,97,000/- within a

period of six weeks. It would also be open to the petitioner to

agitate his claims regarding the remaining amounts as well

as interest, if any payable by the respondents, in an

appropriate forum. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

24.04.2023 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.27149 of 2022

24.04.2023

BSM